Constitution

THE CONSTITUTION OF EASTERN TURKISTAN GOVERNMENT-IN-EXILE
OF EASTERN TURKISTAN REPUBLIC

The present Constitution has been prepared according to the common national volition of Eastern Turkistani emigrants who have been obliged to live in exile in several parts of the world, after having escaped from Eastern Turkistan after it was invaded by Communist China in 1949. The present Constitution aims to provide measures to ensure that the people of Eastern Turkistan and their children live in liberty and show our people living under occupation what may be attained when we regain our freedom.

SECTION I
TITLE, CHARACTER, FLAG, COAT OF ARMS, INDEPENDENCE ANTHEM AND NATIONAL ANTHEM, LANGUAGE, RELIGION AND CAPITAL OF THE STATE

ARTICLE 1: TITLE OF STATE: Eastern Turkistan Republic.

ARTICLE 2: CHARACTER OF THE STATE: This state is a democratic, social, unified and fully legal state that respects all human rights. The unitary land of Eastern Turkistan may not be divided and the national unity of its people may not be broken or threatened.

ARTICLE 3: THE FLAG OF THE STATE: The flag is a Blue Flag with a Crescent moon and Star (Enclosure A).

ARTICLE 4: THE COAT OF ARMS OF THE STATE: Nine points on both the right and left of the Crescent moon with the Bismillah Formula inscribed in the middle of the Crescent. Three stars above the mouth of the Crescent with a cordon joining the points there below. The eighteen points represent the eighteen Turk clans living in Eastern Turkistan, while the three stars symbolize the States of Göktürk, Qarakhanids and Uighurs that were previously founded in Eastern Turkistan (Enclosure B).

ARTICLE 5: THE INDEPENDENCE ANTHEM AND THE NATIONAL ANTHEM OF THE STATE: The Independence Anthem of the State is the poem entitled ‘Kurtuluş Yolunda’ (On The Way To Salvation), which was written in 1933 by Mehmet Ali Tohtu Haci Tevfik and recited by Eastern Turkistanis (Enclosure C).

The National Motto is: ‘We existed before history, We will exist after history’ (Enclosure D).

ARTICLE 6: THE LANGUAGE, RELIGION AND CAPITAL OF THE STATE:
The state language of Eastern Turkistan Republic is Uighur Turkish. Kazak Turkish and Kyrgyz Turkish are used as national languages.
Religion: The state religion is Islam. The State respects and protects other religions and fully guarantees the rights of religious practice.
Capital of the State: Urumchi.
ARTICLE 7: The foregoing ARTICLEs, viz. ARTICLEs 1, 2, 3, 4, 5 and 6, may not be changed by any means, nor can any proposal be set forth or attempt made for the amendment thereof.

SECTION II
THE GOVERNMENT-IN-EXILE OF EASTERN TURKISTAN REPUBLIC

ARTICLE 8: The Government-in-Exile of Eastern Turkistan Republic, which was founded on 14th September, 2004 in Washington, the capital of the U.S.A., has been accepted as the sole organ of the Eastern Turkistan Republic authorized to protect the rights of the people of Eastern Turkistan Republic until our country has been liberated from rule by imperialist Communist China.

ARTICLE 9: The essential tasks of the Government-in-Exile of Eastern Turkistan Republic is to gain the support of those States of the entire world that adhere to the principles of democracy, law, peace and respect for human rights, as well as all international organizations under the leadership of United Nations, and all international human rights organizations that cooperate therewith, in order to prevent state terrorism under the sovereignty of imperialist Communist China against the people of Eastern Turkistan, and in order to attain the independence of our country, Eastern Turkistan.

ARTICLE 10: The Ministers of the Government-in-Exile of Eastern Turkistan Republic constitute the Cabinet of Ministers who are answerable to the Prime Minister. Those Members of the Cabinet of Ministers who act against the activities of the Government are to be warned three times. If they do not respect these warnings, they are expelled from the Cabinet by the Prime Minister by the resolution of the Cabinet of Ministers and with the endorsement of the President.

ARTICLE 11: The Cabinet of Ministers convenes once or twice a year and the Prime Minister submits information regarding the fulfillment of the Government’s Programs. The Cabinet discusses and finalizes the advisory decisions adopted by the Permanent Advisory Board. Any citizen of Eastern Turkistan Republic that is in political and economic relation with [Communist?] China may not be a Member of the Parliament or Minister. The Members of the Parliament and the Government are not allowed to travel to China or the colonies of China during their office.

SECTION III
THE PARLIAMENTARY ELECTIONS AND CITIZENSHIP OF EASTERN TURKISTAN REPUBLIC

ARTICLE 12: The Parliament elects itself a Chairman, a Deputy Chairman, a Secretary General and two Assistant Secretaries General from among the Members of the Parliament for a period of 4 years according to those who receive a two-thirds majority of the vote. The Parliament is composed of Members of Parliament elected in accord with the rules of the Parliament and elected from any region in a democratic manner. The Parliament opens – apart from extraordinary cases – at the end of every four years on 10th November and closes on 11th November. The Members of the Parliament are elected according to ARTICLEs 18, 19 and 20 of this Constitution and thus the Parliament is formed. The newly elected Members of the Parliament take office with an oath on 12th November. The formation of the new Parliament, their legislation and the number of the Members are fulfilled in conformity with the principles determined by the Founding Parliament.

ARTICLE 13: Those persons who are known to have collaborated with those that have invaded Eastern Turkistan and those that have aided or facilitated the work of the enemy and the invaders are not allowed to be elected as Members of the Parliament.

ARTICLE 14: Any persons that have nothing to do with the invasion of the State, nor have collaborated with the enemies or the invaders nor have protected them, and that were born in Eastern Turkistan, and have seven generations of ancestors who lived in Eastern Turkistan is regarded as a citizen of Eastern Turkistan. Those immigrants that live outside Eastern Turkistan but feel themselves to be from Eastern Turkistan, and take Eastern Turkistan as their homeland are naturalized citizens of Eastern Turkistan.

SECTION IV
MEMBERS OF PARLIAMENT

ARTICLE 15: The Parliament is made up of elected Members of Parliament. The Members of Parliament are elected by those citizens of Eastern Turkistan, that have completed their 18th year, irrespective of their sex, by voting through democratic means.

ARTICLE 16: Officers of the Army and of the Police forces may not be elected Members of Parliament as long as they remain in service. However, on condition that they resign at least 3 month prior to the election, they have the right to elect and to be elected.

ARTICLE 17: One Member of Parliament is elected for every 60 thousand citizens within the boundaries of the country. In the case of the Parliament-in-Exile, the number of Members of the Parliament is determined according to the number the Eastern Turkistanis in that country where the Members of Parliament live on basis of the principles accepted by the Founding Parliament. In any case, the number of the Parliamentarians-in-Exile may not be fewer than 60.

ARTICLE 18: The employees of the Parliament are appointed by the Chairman of the Parliament.

ARTICLE 19: In place of those Members of the Parliament that have died or that have left office for other reasons new Members of Parliament are elected within the period determined with the Parliament’s Decree through an election to be held where they were elected. In all cases, Parliamentarians-in-Exile are replaced by those citizens of Eastern Turkistan in that country where they live.

SECTION V
LAWS AND DECREES

ARTICLE 20: Alllaws are introduced by the Parliament through negotiations. The introduced laws are approved by a two-thirds majority vote. The accepted laws are implemented by the Government.

ARTICLE 21: All decrees are introduced by the Government. The Prime Minister assigns one or two Ministers as Spokespersons for the Government.

SECTION VI
THE PARLIAMENT AND THE ARMY

ARTICLE 22: The President is the Commander-in-Chief of the Armed Forces.

ARTICLE 23: In times of peace the army is conducted and administered by a high-ranking officer who has been appointed by the President, who is experienced and respected, and who is loved and trusted by the armed forces.

ARTICLE 24: The Parliament authorizes the Government to prepare for a war for the protection of the interests of the State, to wage war and to conclude agreements with other countries with a two-thirds majority of the votes.

SECTION VII
THE ELECTION OF THE PRESIDENT AND HIS RIGHTS

ARTICLE 25: The President is elected through an election from among the 40-year-old citizens of Eastern Turkistan, who have devoted themselves to the cause of Independence of Eastern Turkistan, who are self-sacrificing for the interests of the people of Eastern Turkistan, who are university graduates, who may be elected as a Member of Parliament, who are loved by the citizens, and who bear national qualities. The elected President takes office with an oath (See Enclosure E).

ARTICLE 26: THE RIGHTS OF THE PRESIDENT: The President presents the Prime Minister as a candidate and endorses the Cabinet of Ministers submitted by the Prime Minister. He conveys a written proposal to the Prime Minister for changing or dismissal of some of those Ministers appointed as candidates. [does he present the Prime Minister for approval by the Parliament? Or does he appoint the Prime Minister?]
During those periods when the President fails to carry out his office because of disease, travel or other reasons, the [Vice?] Assistant President, who is a Member of Parliament, acts for the President and is vested with all the powers of the President until the President has recovered from his disease or returned from his journey. In case of the death of the President, the Vice President fulfills his office until the new President has been elected by the Parliament. The present ARTICLE is also valid for the President of Eastern Turkistan Republic-in-Exile.
The President is the symbol of the Unity of the State. The President undersigns the laws, regulations, statements and decrees endorsed by the Parliament; in addition, he appoints the ambassadors abroad and receives the ambassadors of foreign countries. Upon the proposal of the Minister of Justice, he forgives those who have committed major crimes or lessens their penalty.

SECTION VIII
THE ELECTION OF THE PRIME MINISTER AND HIS RIGHTS

ARTICLE 27: A citizen of Eastern Turkistan Republic who has devoted himself to the Cause of Independence of Eastern Turkistan, who believes in this Cause, who has completed the age of 40, who is loved by the public, who bears the national characters, who has been elected as a Member of Parliament and who is of Turkistani descent is presented as a candidate for the position of Prime Minister by the President. The Prime Minister forms the Cabinet of Ministers and submits it to the Parliament after the endorsement of the President. After the Parliament has approved the Government’s Platform, it endorses the Cabinet of Ministers with two-thirds majority of the votes, during which process the Cabinet of Ministers carries out its tasks.

ARTICLE 28: The Prime Minister informs the Parliament at least once a year about the general situation of the country as well as about the policies followed by the Government. The Prime Minister is authorized to fix, after a legislative term has ended, the date of an election for the people of Eastern Turkistan to elect the new Members of Parliament, to maintain the armed forces during the times of war and peace, to supervise the activities of the Cabinet of Ministers, to warn three times those Ministers that act against the decrees adopted by the Cabinet of Ministers and to expel them out of the Cabinet if they do not take these warnings into account, to ensure that the laws are executed justly, to issue decrees that have the power of laws when the country faces extraordinary circumstances, and to declare martial law with the Parliament’s approval.

SECTION IX
AUTHORITIES OF PARLIAMENT

ARTICLE 29: The Parliament is authorized to introduce all laws and regulations, to introduce related codes of law concerning tax-collection, import and export regulations, to levy taxes on commodities, to take out and pay loans, to serve as custodian of the interests of the public, and to introduce laws so that general taxes and taxes imposed on imported goods should have equal effect within the boundaries of Eastern Turkistan. In addition, the Parliament makes laws with regards to the following issues:

ARTICLE 30: Receiving loans on behalf of the Eastern Turkistan Republic from abroad and controlling internal and external trade;

ARTICLE 31: Receiving persons into citizenship, expelling persons from citizenship, preventing such banking transactions as shall bring about monetary crises, and issuing banking laws;

ARTICLE 32: Coining money, protecting its value, fixing the rates of exchange with foreign currencies, adjusting measures and scales;

ARTICLE 33: Punishing those that counterfeit money;

ARTICLE 34: Opening post-offices, hospitals and schools, and carrying out the construction, maintenance and improvement thereof;

ARTICLE 35: Determining the intellectual rights of authors, artists and scientists, protecting the patent rights of inventors and ensuring that they may carry out their studies and researches freely;

ARTICLE 36: Establishing the Supreme Court and the sub-courts;

ARTICLE 37: Introducing laws that shall alleviate and prevent the crimes of robbery, plunder and forgery, and punishing those who act against the laws;

ARTICLE 38: Waging war, making preparations for defense against attacks upon the country or in cases when such attacks are probable;

ARTICLE 39: Training and supporting the armed forces, and introducing laws for the administration of the army;

ARTICLE 40: Introducing laws for charging the army with duties in case of rebellion against the State or invasions, with the purpose of protecting the unitary structure of the State;

ARTICLE 41: Introducing laws concerning the organization and armament of the army, the appointment of the functionaries and military training in conformity with the laws introduced by the Parliament;

ARTICLE 42: The Government of the Eastern Turkistan Republic is vested with full authority by the present Constitution to have all the laws that are required and appropriate for the execution of the aforementioned duties fulfilled by any Government office or any Government civil servant.

SECTION X
CITIZENSHIP RIGHTS AND PARLIAMENT RIGHTS

ARTICLE 43: The Parliament guarantees the rights and religious beliefs of the people of Eastern Turkistan and does not introduce such laws as forbid people’s worshipping their own religion freely, or as restrict their freedom of thought, self-expression, assembly, and public demonstration or protest, nor as restrict the freedom of the press and media, nor as hinder the freedom to submit petitions.

ARTICLE 44: With the permission of Eastern Turkistan Government, the public hold the freedom to keep and carry guns.

ARTICLE 45: Those that have collaborated with the invaders and acted as instruments in the invasion of the country or helped the enemy are judged and punished according to the nature of their crimes.

ARTICLE 46: No army officer or security official is allowed to enter or seize a residence – be it in time of peace or war – without the consent of the owner and the court’s decree or the public prosecutor’s writ.

ARTICLE 47: People’s own selves, houses, documents, money, movable and immovable goods shall be secure against unreasonable searches and confiscations; and this right of theirs shall not be abrogated.

ARTICLE 48: [Except??] In case of war or when the public is in peril, no one can be arrested or accused without the Court’s decree or the Prosecutor’s writ. No one can be judged twice for the same offence. No one can be deprived of their freedom or properties nor may their properties be confiscated nor their rights to properties be transferred to the public unless the case has been adjudicated by the court.

ARTICLE 49: In all searches for crimes, the accused person is judged at an impartial court serving on behalf of the public. The accused shall be advised of the character and results of their crime. In addition the witnesses of the event shall be heard and the accused shall be able to employ a lawyer for defense.

ARTICLE 50: No excessive bail may be demanded of the accused; nor excessive fines be applied; nor heavy and abnormal penalties be given. The accused may only be punished with such decrees as match their crime in the Penal Code.

ARTICLE 51: The rights of citizens indicated in the Constitution may not be ignored; in addition, those rights that have already been granted cannot be trespassed against; further, the equal rights determined by the Constitution cannot be denied.

ARTICLE 52: Excluding such penalties as given to an offender who has been duly found guilty by the Court, such practices as slavery, feudality, superiority of one class over another or involuntary service to the state may not take place within the boundaries of Eastern Turkistan. Further, citizens are equal before the laws.

SECTION XI
OTHER AUTHORITY RESTRICTIONS

ARTICLE 53: With the exclusion of the allocations determined by the laws, no illegal expense shall be incurred by the Eastern Turkistan Government. The Prime Minister is authorized, with the endorsement of the Parliament, to keep with him and spend funds required for the security and public business of the State. The Parliament endorses the one-year financial budget of the state that has been submitted by the Government with a simple majority of the votes. The Prime Minister shall have the budget expenses of the concerned Ministries and Institutes inspected every year by the Parliament’s Commission of Inspection and Control. The said Commission is composed of Members of Parliament, the number whereof is 3, 5, 7, 9 or an odd number.

ARTICLE 54: The Eastern Turkistan State and Government may grant no titles of nobility to anyone. Public officials and Members of Parliament may get no presents or ranks without the Parliament’s leave. Nevertheless, such titles, gifts and warrants as are deemed concordant to the State’s national interests and as bear the character of honorarium might be received by public officials, Members of Parliament and other accomplished persons, in which regard they have the right not only receive but also give such as a acknowledgment.

SECTION XII
JURISDICTION

ARTICLE 55: The justice system of Eastern Turkistan functions through the Constitutional Court, Supreme Court and Courts that are established with a law especially introduced by the Parliament. Judges and prosecutors are appointed by the Minister of Justice from among jurists who have completed their legal graduate education, who are of good conduct and are respected by the public. Judges and prosecutors fulfill their office with impartiality and justice.

ARTICLE 56: People retain the right to submit the decisions and decrees taken by a sub-Court to the Supreme Court of Appeal.

ARTICLE 57: The Eastern Turkistan Government is liable for the impartial execution of the laws introduced by the Constitution, the fulfillment of international judicial agreements and the realization of all the universal legal cases wherein the Eastern Turkistan Republic shall take part.

ARTICLE 58: All cases are adjudicated at impartial courts upon the indictment of the Prosecutor.

ARTICLE 59: Treason against Eastern Turkistan State is in question only when war is waged against it or one is affiliated with or helps enemies or invaders. Unless such offences are attested by two witnesses or the accused person confesses the offence at an impartial court, no one could be convicted of betrayal of the country.

ARTICLE 60: The Parliament is vested with the authority to endorse the punishment of treason.

SECTION XIII
AMENDMENTS AND CORRECTIONS

ARTICLE 61: Any ARTICLE(s) of this very Constitution that will be deemed inappropriate by two-thirds of the Parliament could be amended. Nevertheless, the initial ARTICLEs of this Constitution, viz. ARTICLEs 1, 2, 3, 4, 5 and 6, may not be changed nor even proposed to be changed. Those ARTICLEs amended are presented in an enclosure.

ARTICLE 62: The laws of Eastern Turkistan shall consider those agreements that shall be concluded under the authority of the State as the supreme laws of the country and judges shall officiate in conformity to these laws. The Members of Parliament, and Administrative and Judicial Functionaries shall ratify their loyalty with an oath and then take office.

ARTICLE 63: The Members of the Parliament-in-Exile of Eastern Turkistan are elected by Eastern Turkistanis every four years in the first week of October in a democratic way through a ballot, i.e. secret voting and open tallying of votes. The new Parliament assembles on the 12th day of November, chaired by the oldest Member of Parliament and the new Members of Parliament start office after having taken oaths. After the oath the Parliament carries on its activities according to ARTICLE 14.

ARTICLE 64: The Members of Parliament that were elected on 14th September, 2004 and the Ministers shall remain in power and continue their task for a period of four years until the forthcoming election.

SECTION XIV
CONSTITUTIONAL COURT

ARTICLE 65: The Constitutional Court is founded in accordance with a special law introduced by the Eastern Turkistan Parliament. This Court supervises whether the laws and decrees introduced by the government as well as the Parliament’s regulations are in conformity with the Constitution in both form and character.

ARTICLE 66: The Constitutional Court - in its position as the Supreme Court of Justice – decides whether the political parties’ activities are in conformity with the Constitution by studying the Public Prosecutor’s written report and application. Before reaching a decision it hears the defense by the President and Deputy President of the concerned political party.

ARTICLE 67: The Constitutional Court - with the Public Prosecutor’s indictment and the Parliament’s approval – tries at the Supreme Court cases when the President, Prime Minister or other Ministers have caused severe loss to the State’s national interests. The Supreme Court’s decision is final and may not be objected to.

ARTICLE 68: The present Constitution being composed of 14 Sections and 68 Articles was accepted unanimously on 25th November, 2004 by the Members of Parliament that convened in Washington and was announced thereafter. The text that will be taken as authoritative is the one authored in Uighur Turkish.

ENCLOSURE A: FLAG

Flag of the East Turkistan

ENCLOSURE B: COAT OF ARMS

Coat of Arms

ENCLOSURE C: DÖLET ISTIQLAL MARSHI (INDEPENDENCE ANTHEM)

KURTULUŞ YOLUNDA

Kurtuluş yolida sudek akti bizning kanımız,
Sen üçün ey yurtimiz bolsun pida bu janimiz.
Kan keçip hem can berip ahir kutuldurduk seni,
Kelbimizde kutquzuşka bar idi imanimiz.

Yar hemdem boldi bizning himmitimiz sen üçün,
Dunyani sorighan idi ötken ulugh ecdadimiz.
Yurtimiz biz yüz-közüngni kan bilen pakizliduk,
Emdi heç kirletmigeymiz çünki Türktur namimiz.

Atila, Çingiz, Tömür dunyani titretken idi,
Kan berip nam alimiz biz ularning ewladibiz.
Çiqti can hem akti kan düşmendin alduk intikam,
Yaşisun heç ölmisun parlansun istikbalimiz.

ENCLOSURE D: (MILLI NAHŞA) NATIONAL ANTHEM

TARIHTIN EWWEL BIZ İDUK, TARIHTIN SONGRE YENE BIZ

Tarihtin ewwel biz iduk, tarihtin sonre yene biz,
Kelbimizde wijdanimiz, bu bizning imanimiz.
Türk biz, ana yurtimizning köksi biz tunç suferi,
Baş kesilse kaytmas baskan izidin Türk erliri.
Yurtimizning altunidur taghi birle taşliri,
Her birimiz bir arslandur, bu vetenning yaşliri.
Yurtimiz üçün kurbandur yaşlirimizning başliri,
Imani ıssık kani, ularning yoldaşliri.
Ordimiz hem yurtimiz, meşhur Türkdur namimiz,
Dinimiz, imanimiz, bu bizning wijdanimiz.
Yurtimiz Türkning yurti, biz uning kurbanimiz,
Bayrikimiz kök bayrak otturisida ay-yultuz.

ENCLOSURE E:

TEXT OF OATH SWORN BY PRESIDENT AND MEMBERS OF PARLIAMENT

Dölet Reyisi / Parlamento üyesi boluş süpitim bilen, döletning davamini, istiklalini ve vetenning, milletning bölünmes pütünligini koghdişimgha ve vetenning istiklalini mudapie kilişimgha, kanuni asasta hokukning alilikigha ve kişilik hokuk pirinsiplirigha hörmet qilişimgha, Şerkiy Türkistan Dölitining şan-şeripini koghdişimgha, döletni tereqqi kilduruş üçün pütün küçüm bilen hizmet kilişimgha, Ulugh Allah ve Şerkiy Türkistan helki aldida ar-nomus we şeripim bilen kesem kilimen.

ENCLOSURE F:

The present Constitution has been prepared, submitted to the Parliament, accepted and announced by the Members of the Parliament-in-Exile of Eastern Turkistan, Enver Yusuf Turani, Hızırbek Gayretullah, Sultan Mahmut Kaşgarlı, Hanife Erbaş Ketene, Demiyan Rahmet, Aydoğan Kubilay, İsmail Cengiz, Muhemmet Savut, Azat Mamut, Sultan Mehemmet and Erkin Azizi.

25th November, 2004, Washington, the U.S.A.

Prof. Dr. Sultan Mahmut Kaşgarlı, Hızırbek Gayretullah, Demiyan Rahmet and Erkin Azizi have been appointed to reduce this Constitution and prepare it for print in the Turkish of Uighurs and in The Turkish of Turkey.

East Turkistan Government in Exile©2004-2009

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